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Article • December 1, 2012 • from P&J July, 2012
U.S. v. Ramos, No. 10-4802-cr (2nd Cir.) (685 F.3d 120) (July 2, 2012) (Judge Denny Chin) by Conviction of receiving and possessing child pornography is affirmed over claims that: 1) defendant's Fifth Amendment right against self-incrimination was violated because he was compelled as a parolee to make self-incriminating statements during …
Article • January 19, 2012
Gilbert v. California, No. 223 (U.S. Supreme Court) (388 U.S. 263; 87 S.Ct. 1951) (June 12, 2067) (Justice Brennan) by Here the Court held that the giving of a handwring exemplar does not violate the privilege against self-incrimination, since the handwriting itself is physical, not testimonial, evidence. The Court also …
Article • March 1, 2004 • from P&J March, 2004
U.S. v. Prime, No. 02-30375 (9th Cir.) (363 F.3d 1028) (April 16, 2004) (Judge Stephen S. Trott) by Joining with six other Circuits (the First, Third, Fourth, Sixth, Eighth and Eleventh), the Ninth Circuit agreed that handwriting expert testimony satisfies the reliability threshholds established under the Daubert and Kumho Tire …
Article • May 25, 2003
Daubert v. Merrell Dow Pharmaceuticals, Inc., No. 92-102 (U.S. Supreme Court) (509 U.S. 579; 113 S.Ct. 2786) (June 28, 1993) (Justice Blackmun) by In this case, the Supreme Court clarified the admissibility requirements for expert scientific testimony by creating a gatekeeping role for trial judges as to the admissibility of …
Article • March 1, 2003 • from P&J March, 2003
U.S. v. Prince-Oyibo, No. 02-4104 (4th Cir.) (320 F.3d 494) (February 27, 2003) (Judge Robert Bruce King) by In this case, a divided panel from the Fourth Circuit debated the continuing validity of that Circuit’s long-standing per se rule banning the admission of polygraph evidence to bolster or undermine credibility. …
Article • January 1, 2003 • from P&J January, 2003
U.S. v. Hidalgo, No. CR-01-1011-PHX-FJM (D.Ariz.) (229 F.Supp.2d 961) (November 6, 2002) (Judge Frederick J. Martone) by This is an important decision regarding the current state of the law regarding the admissibility of evidence regarding handwriting analysis under Rule 702 of the Fed.R.Evid.. In his decision, Judge Martone has presented …
Article • November 1, 2002 • from P&J November, 2002
U.S. v. Prime, No. CR01-0310L (W.D.Wash.) (220 F.Supp.2d 1203) (September 20, 2002) (Judge Robert S. Lasnik) by This case is noted for its exhaustive review and comprehensive analysis of the law on the issue of the admissibility of handwriting identification evidence, under the standards mandated by the Daubert and Kumho …
Article • July 14, 2002
U.S. v. Mara, No. 71-850 (U.S. Supreme Court) (410 U.S. 10; 93 S.Ct. 774) (January 22, 1973) (Justice Stewart) by Here the Court held that a person could be compelled to give handwriting exemplars to a grand jury because handwriting, like speech, was repeatedly shown to the public and hence …
Article • October 1, 2001 • from P&J October, 2001
Ortega v. U.S., No. 01-1168 (8th Cir.) (270 F.3d 540) (November 1, 2001) (Judge Donald R. Ross) by One of the appellants in this case, Sonya Polmanteer, challenged the sentence she received after a jury found her guilty of possession of methamphetamine with intent to distribute, in violation of 21 …
Article • September 1, 2001 • from P&J September, 2001
U.S. v. Havvard, No. 01-1092 (7th Cir.) (260 F.3d 597) (July 18, 2001) (Judge William J. Bauer) by In U.S. v. Havvard, 117 F.Supp.2d 848 (S.D.Ill. 2000) (P&J, 11/13/00), the defendant challenged the admission into evidence of a fingerprint expert’s testimony that a latent print found on a gun matched …
Article • November 1, 2000 • from P&J November, 2000
U.S. v. Havvard, No. IP00-0043-CR-01-H/F (S.D.Ind.) (117 F.Supp.2d 848) (October 5, 2000) (Judge David F. Hamilton) by Here the court admitted latent fingerprint evidence testimony, holding that it is so reliable that it is “the very archetype of reliable expert testimony” under the Daubert standard - a statement that may …
Article • August 1, 2000 • from P&J August, 2000
U.S. v. Benavidez-Benavidez, No. 99-10270 (9th Cir.) (217 F.3d 720) (June 28, 2000) (Judge Sidney R. Thomas) by Here the Ninth Circuit affirmed a district court's ruling rejecting the defendant's efforts to introduce into evidence the results of a polygraph test he had taken to prove his innocence, principally on …
Article • August 1, 2000 • from P&J August, 2000
U.S. v. Campos, No. 97-50635 (9th Cir.) (217 F.3d 707) (June 28, 2000) (Judge Sidney R. Thomas) by United States v. Campos, 217 F.3d 707 (9th Cir. 2000) (Judge Thomas) United States v. Benavidez-Benavidez, 217 F.3d 720 (9th Cir. 2000) (Judge Thomas) Despite any changes regarding the admissibility of scientific …
Article • December 1, 1999 • from P&J December, 1999
U.S. v. Cordoba, No. 98-50082 (9th Cir.) (194 F.3d 1053) (November 12, 1999) (Judge Melvin Brunetti) by In this case the Court affirmed a district court decision which held that polygraph evidence was properly excluded under the standards laid down by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals. …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner) by United States v. Paul, 175 F.3d 906 (11th Cir. 1999) (Judge Hatchett) United States v. Hines, 55 F.Supp.2d 62 (D.Mass. 1999) (Judge Gertner) These two cases present a range of diverse judicial thinking on …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Paul, No. 97-9302 (11th Cir.) (175 F.3d 906) (May 13, 1999) (Judge Joseph Woodrow Hatchett) by United States v. Paul, 175 F.3d 906 (11th Cir. 1999) (Judge Hatchett) United States v. Hines, 55 F.Supp.2d 62 (D.Mass. 1999) (Judge Gertner) These two cases present a range of diverse judicial …
Article • May 1, 1998 • from P&J May, 1998
U.S. v. Matos, No. 97 CR 803(JG) (E.D.N.Y.) (990 F.Supp. 141) (January 7, 1998) (Judge John Gleeson) by This case raises some interesting issues regarding handwriting exemplars. The defendant was charged with robbing two banks, during which he delivered notes to the tellers telling them to put all the money …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Gilliard, No. 96-9459 (11th Cir.) (133 F.3d 809) (January 21, 1998) (Judge Susan H. Black) by Court held that it was not an abuse of discretion to exclude polygraph evidence under the standards of Rule 403.
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock) by United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock) United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold) The impact of the Supreme Court's decision in Daubert …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock) United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold) The impact of the Supreme Court's decision in Daubert v. …
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